TERMS OF SERVICE

These Terms of Service (“TOS,” “Terms,” or “Agreement”) apply to your use of the Sajah’s Design Studio website and any services, features, or content provided by Sajah’s Design Studio (“SDS,” “Company,” “us,” “we,” or “our”).

By purchasing or using one or more of our Services, you agree that you have read, understood, and consent to be bound by this TOS. The most current version of the TOS is available on our website. You must read these Terms prior to purchasing or using any Services from Sajah’s Design Studio.

These Terms and Conditions govern any Services provided by Sajah’s Design Studio, as described in a Service Agreement, proposal, or other executed document between Sajah’s Design Studio and a Customer. By purchasing, using or paying for any Services, the Customer agrees to be bound by the following terms:

. The Policy

All Services provided by Sajah’s Design Studio are subject to our specifications, policies, and procedures, which may be modified or updated at any time.

Sajah’s Design Studio reserves the right to amend or change any Services as necessary to comply with policy updates.

All communication regarding Company policies and Services must be conducted through:

The SajahsDesignStudio.com website

The Customer Account Dashboard

Support Tickets

Contact Forms on our website

Emails sent to official @sajahsdesignstudio.com addresses

This ensures clear documentation of any policy or Service discussions. Please do not contact Sajah’s Design Studio team members through personal accounts/channels.

. Website Content

All content on the SajahsDesignStudio.com website, including the site in its entirety and any individual pages or content, is copyrighted material belonging to Sajah’s Design Studio.

No SajahsDesignStudio.com content may be reproduced, republished, or copied to any other website without explicit written consent from Sajah’s Design Studio.

Any websites, applications, or documents that scrape or copy content from SajahsDesignStudio.com through RSS feeds, bots, or other methods are strictly prohibited. Sajah’s Design Studio will file DMCA takedown notices with any websites or hosts that display copied SajahsDesignStudio.com content without authorization.

. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations hereunder that arises from any cause beyond such party’s reasonable control and without its fault or negligence. Such causes may include but are not limited to: acts of God, war, riots, earthquakes, power outages, tornadoes, floods, fires, epidemics, strikes, lockouts, server failures, cyber attacks, internet outages, computer failures or any other computer or communications disruptions.

. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. The parties agree to negotiate in good faith to amend any such invalid, illegal, or unenforceable provision to achieve the intent of the original provision as closely as possible within the applicable law.

. Modifications to Terms

Sajah’s Design Studio reserves the right to modify these Terms of Service at any time by providing sixty (60) days advance written notice to the Customer by email. Continued use of the Services after any modifications signifies the Customer’s acceptance of the changes. Customers may terminate their use of the Services if the new terms are not acceptable.

. Definitions

“Services” means any and all services provided by Sajah’s Design Studio including but not limited to: web design, web development, SEO, social media marketing, email marketing, hosting, domain registration, and content creation services.

“Agreement” means these Terms of Service and any relevant Statements of Work, orders, or acceptance agreements between the parties.

“Confidential Information” includes any proprietary data, content, business plans, software, trade secrets, client lists, pricing, research, designs, or any other nonpublic information belonging to either party.

. DMARC Services

The Client understands that Sajah’s Design Studio provides consulting and technical services to attempt to authenticate the Client’s domain and configure DMARC settings, but does not directly control email delivery or spam filtering operations.

Sajah’s Design Studio makes no guarantees that DMARC configuration will resolve email deliverability issues or prevent emails from being flagged as spam. The Client agrees not to hold Sajah’s Design Studio liable for any ongoing email deliverability problems, emails going to spam/junk folders, or issues reverting DNS settings after DMARC setup is complete.

Refunds will not be provided if DMARC configuration does not fully resolve email deliverability problems or results in unintended delivery issues. The Client assumes full responsibility for any negative consequences of DMARC authentication.

Sajah’s Design Studio will make reasonable efforts to configure DMARC as intended, but is not responsible for email hosting providers or recipients overriding or reverting these settings after the fact. The Client must monitor their DMARC setup over time.

The Client agrees to indemnify and hold harmless Sajah’s Design Studio from any damages, losses, or costs related to problems sending or receiving emails before, during, or after DMARC configuration services.

Sajah’s Design Studio shall not be liable for any issues with the Client’s website DNS connectivity, performance, or availability that occur during or after DMARC configuration.

The Client assumes all responsibility for potential risks to their website’s functionality resulting from changes to DNS records and mail server settings during DMARC setup.

Sajah’s Design Studio does not provide any guarantee that the Client’s website will remain online, fully functional, and reachable by visitors after DMARC changes are made. The Client waives any claims against Sajah’s Design Studio for website downtime, connectivity problems, or loss of traffic that arise following DMARC configuration services.

The Client further agrees that Sajah’s Design Studio shall not be liable for any damages or losses incurred by the Client, including lost profits, data loss, revenue, or business opportunities, that result from any changes made to DNS or email server settings while performing DMARC services.

The Client assumes full responsibility for monitoring and maintaining DNS records and website functionality before, during, and after DMARC configuration by Sajah’s Design Studio.

. Facebook Pixel Services

The Client understands that Sajah’s Design Studio provides consulting and technical services to attempt to implement the Facebook Pixel code on the Client’s website, but does not control the Pixel’s functionality or data collection operations.

Sajah’s Design Studio does not guarantee that the Facebook Pixel will operate correctly, collect accurate event data, or provide the desired results after implementation. The Client agrees not to hold Sajah’s Design Studio liable for any issues with the performance, data collection, or effectiveness of the Facebook Pixel after setup is complete to the fullest extent permitted by law.

The Client assumes full responsibility for any negative consequences arising from the Facebook Pixel implementation by Sajah’s Design Studio. The Client waives the right to sue and releases Sajah’s Design Studio from liability for any damages, losses or costs related to the operation of the Facebook Pixel after it has been installed.

Sajah’s Design Studio will make reasonable efforts to implement the Facebook Pixel as intended based on Facebook’s specifications. However, Sajah’s Design Studio is not responsible for any problems with data collection, tracking, event firing, audiences creation, or advertising optimization provided by the Facebook Pixel service.

. Crusade

Sajah’s Design Studio is not responsible for the accuracy of any information that is provided by the customer. Sajah’s Design Studio cannot guarantee a particular position or appearance of a client’s website in search engine listings. Sajah’s Design Studio cannot guarantee the presentation or position of a client’s website in search engines, and there are various components why that is not possible.

Submitting your website to search engines, directories and any similar sites does not guarantee that you will be accepted. There are many reasons why you may be rejected, and those reasons are unrelated to Sajah’s Design Studio. If you are not accepted, Sajah’s Design Studio will not take any responsibility for the third party’s decision, which is out of our control.

Sajah’s Design Studio will complete tasks once the customer provides access to their website and once we receive payment. If the customer doesn’t provide website access and all required information required to start the project within 24 to 48 business hours, we will be unable to complete our duties according to the deadline. The deadline would have been stated, and agreed upon by both parties prior to payment and contract signing.

In the case that we are unable to complete our duties, at the fault of the client, we will not be issued a refund. Sajah’s Design Studio is not responsible for any server downtime, or anything related to your web host. If any technical issues arise that are unrelated to Sajah’s Design Studio, we are not responsible. We do not have any control over web hosts or third party plugins/services.

Progress reports can be requested via email or Google documents. As well, if reports were paid in full and mutually agreed upon by Sajah’s Design Studio and the client. The details regarding such reports will be explained in the agreement.

SEO clients can expect changes in traffic volume/ quality around 90 days after the service is set up. Time can vary, and that depends on many factors. Sajah’s Design Studio has no control over this.

Clients grant Sajah’s Design Studio permission to use software programs to gather and analyze websites similar to the projects and services.

When a client fails to provide payment, or promptly respond to Sajah’s Design Studio emails, Sajah’s Design Studio may reject or terminate services at any time. Other reasons that prevent our team from successfully completing the outlined work will also result in termination.

A refund will not be issued.

. Cancellation

Customers have 24 hours from the time of payment to cancel hosting services without cause by emailing payments@sajahsdesignstudio.com. Full refunds are only available for hosting within the first 24 hours.

Web design, fonts, software, WordPress plugins and other non-hosting services are non-refundable under any circumstance, including within the first 24 hours.

After the initial 24 hour period, the Customer may cancel services by contacting Sajah’s Design Studio directly via email or support ticket. However, no refunds will be provided.

Once an invoice is paid, Sajah’s Design Studio will provide all contracted non-hosting services and deliverables as outlined for the full prepaid period.

Payments received for web design, fonts, software, plugins and other non-hosting services are non-refundable regardless of timing.

Sajah’s Design Studio reserves the right to modify services, products, or Terms of Service at any time by providing one week advance notice. Continued use of services after the notice period indicates the Customer’s acceptance of the changes.

. Prohibited Uses; License Grant; Representations and Warranties

The Customer agrees not to engage in any illegal, fraudulent, or unethical activities or business practices in connection with the Services. The Customer will not authorize, advertise, or undertake any practices that violate applicable laws, regulations, codes of conduct, or third party rights including intellectual property rights. Sajah’s Design Studio reserves the right to immediately terminate this Agreement and any ongoing Services in the event of such prohibited practices by the Customer.

For the purpose of providing the Services outlined in this Agreement or any relevant Statement of Work, the Customer grants Sajah’s Design Studio a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, distribute and create derivative works of the Customer’s website, content, trademarks, logos, and other materials provided by the Customer for this project. This license shall survive termination of this Agreement.

The Customer represents and warrants that:

All information, content, and materials provided to Sajah’s Design Studio are owned or properly licensed by the Customer for use in connection with the Services.

Such Customer-provided information, content, and materials do not infringe upon or violate the intellectual property or other rights of any third party.

All information provided to Sajah’s Design Studio is true, accurate, current, and complete to the best of the Customer’s knowledge.

The Customer does not obtain any rights, licenses, or ownership claims to any software, code, themes, plugins, applications or other digital products purchased or used by Sajah’s Design Studio in the course of providing the Services. Such licenses remain the sole property of Sajah’s Design Studio unless explicitly agreed otherwise in writing.

. Disclaimer and Limitation of Liability

THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SAJAH’S DESIGN STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO:

(1) THE PLATFORM AND SERVICES

(2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM OR SERVICES

(3) THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF CUSTOMER INFORMATION

(4) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SAJAH’S DESIGN STUDIO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED VIA THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAJAH’S DESIGN STUDIO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

. Agency

Sajah’s Design Studio may purchase products, software, licenses, or other services on behalf of the Customer in order to provide the Services outlined in this Agreement.

The Customer understands that they will be bound by the terms and conditions of any third party products or services purchased on their behalf by Sajah’s Design Studio. The Customer shall be responsible for complying with all such third party terms and conditions.

Sajah’s Design Studio does not provide any warranty or accept any liability arising from third party products, software, licenses, or other services procured on behalf of the Customer.

. Payment

Upon remittance of payment to Sajah’s Design Studio, the Client enters into a legally binding contract subject to the Terms of Service herein.

The Client shall remit payment for all fees and costs enumerated in the contract, plus any applicable taxes, in Canadian Dollars or United States Dollars or equivalent converted to CAD at present market exchange rate, unless otherwise stipulated.

Deposits remitted are non-refundable after 24 hours elapsed from payment date. By remitting deposit, the Client agrees to satisfactory completion of the project and any fees discussed during quotation.

Sajah’s Design Studio will commence work only upon receipt of full deposit payment. Outstanding balance is due 1 business day prior to deadline, irrespective of project completion status.

A non-refundable deposit constituting 50% of total quoted cost is required to initiate work. The remaining 50% balance is due 4 weeks prior to completion date.

Late payment of final 50% balance will incur a $25 late fee after 7 business days. After 1 calendar month, an additional fee of 5% of total project quote will be assessed every 30 days for any outstanding balance, up to a maximum of 12 months.

Work will be suspended temporarily for declined or missing payments. In such cases, the Client must provide alternate payment within 7 business days of notification, otherwise the service and account will be terminated.

Non-payment may result in the website reverting to its pre-contract state. Sajah’s Design Studio reserves the right to pursue legal action for recovery of unpaid balances, including reasonable expenses and legal fees.

The Client shall be responsible for any collection fees incurred if a collections agency is engaged to recover outstanding payments. To resume service after collections, said fees will be added to Client account and due immediately.

Reopening a terminated project after 30 days incurs a 25% reopening fee based on total project cost. All unpaid fees and reopening fee must be paid prior to work resuming.

. Delayed Project

The Client must communicate with Sajah’s Design Studio in a timely manner throughout the project. Lack of communication will delay the deadline.

If the Client does not provide needed information to progress the project, a one-time $50 delay fee will be added to the final cost.

If the Client does not communicate for 30+ days, a 5% monthly fee of total project cost will be added, up to 12 months.

If the Client reopens a delayed project after 30 days, a 25% reopening fee will be added based on final project cost.

The Client waives claims related to charges unless claimed within 30 days of the charge date, where permitted by law.

The Client understands billing details like credit card information may be shared with third party processors and sales agents strictly for payment processing purposes. Sajah’s Design Studio may also provide such information in response to legal process or defending legal action, and is liable for third party use of shared information.

. Identification

The Client agrees not to hold Sajah’s Design Studio liable for any third party claims made against the Client or Sajah’s Design Studio related to the services provided.

Sajah’s Design Studio will not be responsible for any damages, losses, or costs incurred, such as legal expenses, liability, or other fees.

The Client assumes full responsibility for any issues that arise related to the services provided by Sajah’s Design Studio.

. Intellectual Property

Sajah’s Design Studio retains all ownership rights to any software, code, applications, digital products, plugins, themes, fonts, stock images, or other assets procured or licensed by Sajah’s Design Studio in the process of providing the Services.

The Client does not obtain any ownership claims to the above digital products and assets used by Sajah’s Design Studio. Their licenses remain the property of Sajah’s Design Studio or the respective third party providers.

For any final deliverables produced as part of the Services such as the website design, ownership and rights will be transferred to the Client upon final payment, with the following exceptions:

Sajah’s Design Studio reserves the right to display screenshots and content from the final approved deliverables for promotional purposes.

The Client will receive only final approved versions of any deliverables. All preliminary drafts remain the sole property of Sajah’s Design Studio.

The Client retains ownership of any trademarks, copyrights, or other intellectual property provided to Sajah’s Design Studio for inclusion in the Services.

.Indemnification

The Client agrees to defend, indemnify, and hold harmless Sajah’s Design Studio from and against any third-party losses, damages, liabilities, expenses, or costs (including reasonable attorneys’ fees) arising from or relating to:

Any negligent acts, omissions, or willful misconduct by the Client;

Any allegations that information, content, or materials provided by the Client violate any applicable law or third-party intellectual property, privacy, or other rights;

The Client’s use of any deliverables in violation of this Agreement.

The Client’s indemnification obligations shall survive the expiration or termination of this Agreement. Sajah’s Design Studio agrees to provide the Client with prompt written notice of any potential indemnity claim and cooperate reasonably in the defense of such claim.

. Miscellaneous

This Agreement is governed by the laws of Ontario, Canada. It constitutes the entire understanding between the parties regarding the subject matter. It supersedes any prior agreements or documents. Any conflicting information in other documents or discussions is considered invalid.

Neither party can disclose the terms of this Agreement to third parties, except to professional advisors under strict confidentiality or as required by law.

The Client can provide approvals, permissions, extensions, and consents via email to contact@sajahsdesignstudio.com with return receipt. Notices to the Client will be sent to the email on file. Emails are considered received when sent.

If any provisions are unenforceable, they will be modified to reflect the parties’ intentions as much as possible. The Client cannot assign any rights under this Agreement.

.Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Province of Ontario, Canada without regard to conflict of law principles.

Any dispute arising out of or relating to this Agreement that cannot be amicably resolved between the parties shall be submitted to binding arbitration in Ontario, Canada.

Judgment on any arbitration award may be entered in any court of competent jurisdiction. The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and costs.

The Miscellaneous clause establishes the agreement as the entire understanding superseding other agreements, confidentiality requirements, communication methods, severability, and non-assignability.

Revision Date: 18 August 2023